Lusk v. Carlin ex rel. Cabrilliac

Citations

• 5 Scam. 395

Syllabus

<p>Appeal from Madison.</p> <p>I. Recorder of deeds — duty. It is not the duty of a recorder of deeds to examine his records and give information as to the legal effect of the conveyances of record in his office; but he is bound to search the records of his office, and give information of the fact whether there are on record deeds, mortgages, or writings concerning lands, and refer the party to them, so that he may be enabled to judge, for himself, or take .counsel, as to the manner in which the title is affected, or the estate encumbered by them. The search should be diligent and the information true. If he gives incorrect information, he is guilty of a breach of duty, for which an action may be maintained upon his official bond, (a) </p>